“Right to Cleanliness and Health”: Significant Climate Protection Ruling in Montana

A US court has declared a law favouring fossil fuels in Montana unconstitutional and ruled in favour of a group of young climate activists.
Washington – In a historic decision, a group of young plaintiffs from the state of Montana, USA, has won a victory in a climate lawsuit. On Monday, Judge Kathy Seeley ruled that Montana violated the constitutional right of the plaintiffs to a “clean and healthy environment.”
Judge Seeley’s ruling stemmed from a lawsuit filed in March 2020 by 16 young individuals from Montana. They challenged the energy policies of the northwestern state and cited its constitution in their argument.
Specifically, the ruling declared a state law unconstitutional, which prohibited authorities from considering the impacts of greenhouse gases when reviewing permit applications for oil and gas projects.
Despite criticism of this “climate exception” by the plaintiffs, Montana’s Republican-controlled state legislature tightened this regulation in July and explicitly excluded the consideration of greenhouse gas emissions in approving new energy projects.

US Judge: Montana’s Climate Contribution is “Nationally and Globally Significant”

The case “Held v. Montana” has far-reaching implications and could influence similar cases throughout the United States. The 16 plaintiffs, aged five to 22 today, were represented by the organization “Our Children’s Trust.” They argued that the state’s promotion of fossil fuels and the resulting climate crisis endangered their health and safety.
Lead plaintiff Rikki Held, whose family runs a ranch in Montana, testified during the trial about the severe impacts that extreme weather conditions caused by climate change had on her family’s life.
The plaintiffs sought not financial compensation but a declaration that their rights had been violated, in accordance with Montana’s constitution, which mandates a “clean and healthy environment” for present and future generations.
Montana is rich in fossil energy resources, which constitute a significant portion of the state’s economy, but it also encompasses parts of Yellowstone and Glacier National Parks, whose glaciers are melting significantly due to climate change.

After the ruling: Bernie Sanders praises the decision and calls for federal action

During the trial, attorneys for the state government argued that Montana’s contribution to the climate crisis was too minor to be significant. Judge Seeley rejected this argument.
US Senator Bernie Sanders praised the ruling and the young activists for their courageous action. He also called on the US government to take similar legal steps against the fossil fuel industry.
Montana’s Department of Justice criticized the ruling as “absurd but not surprising.” The state government plans to appeal, potentially taking the case to the Supreme Court of the United States.